• Gifted property from non-blood relative

Dear Sir/Madam,

1. I have got property (2 acre agricultural land) from non blood relative (Granny 80years old lady). it is registered in sub register office by paying 6% tax as per the rules. 
2. Granny's total property is around 10 acre which she got from her father as a gift. 
3. She has 8 children (2 sons & 4 daughters). 
4. She had given all her property (10 acre) to her last son through gift deed in 2010. because of this reason, the other son was unhappy who is well settled in life. 
5. in 2012 her last son didn't take care of her and he also push her out of his house. so she came to my house as i was well known (like a son) to her and filed a case against her last son under senior citizen act 2007 in ac court and got all her property back. as i spent money and took care of her (from 7years), she gave 2 acre of land to me. remaining 8 acre is in her name only. 

Now, 
1. her last son was not leaving me to enjoy the property (threatening). but after some days i took the land under my control with the help of police. 
2. I want to sell that property as there is no peace of mind but granny is not allowing to sell it due to some emotional reasons. 

3. what may happen if i sell that property without her notice? she can file a case against me again in court? does the buyer lose his money (i dont want to cheat the buyer)? what should i do so that i get the full rights on the property so that granny cant file a case against me or buyer under fraud case or senior citizen act? Please advice. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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30 Answers

Since gift is registered to you, you are sole owner of the property you can sale same to the person you wish. No buyer wont loose money you just take care of granny and regularly maintain her rest property can be sold.

Already the property is gifted to you vide registered deed you have full control over land , take care of granny regularly pay her medical expenses then her complaint under Senior citizen act wont be maintainable. There wont be any case of fraud or anything since you are true owner of the property,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you dont need granny consent to sell the property

2) once gift deed is executed you are absolute owner of property

3) however granny can file application before senior citizen tribunal to set aside gift deed

4) dont sell property during granny lifetime

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You are undoubtedly stuck in the middle of a family dispute;

2. Since the 2 acres are gifted to you and there is a registered deed, then you can easily sell off that land as per your wishes;

3. But once again if the grandmother files a claim then your claim will be in doubt again as per section 23 of the Maintenance of Senior Citizen Act;

4. So take permission of that granny, obtain her NOCm make her sign an indemnity bond, witness signatures and then only sell it;

5. Otherwise (which is an unethical manner), sell your 2 acre land only after the demise of this granny;

6. If there is no urgency to sell it, then give it out on rent so atleast you can reap benefits for some more years.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transferred, is a document that gives evidence of an individual's ownership of a property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

Under Seniors citizenship act, Gift deed is revocable if donee fails to take care of Donor which is not in your case,

So possibility of revocation is rare.

You can sell the property but this may create strain in the relationship.

Well, by virtue of GIFT Deed, you are absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you should pay back money to purchaser if gift deed is set aside

2) take bank loan on the property

3) granny can file case even if you take loan

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. See in case granny goes for cancellation of gift then firstly it can be contested secondly you have to pay the buyer.

2. Sir keep bills medical expenses her care which shows you have taken good care of her she cannot misuse the act every time to get the gifted property back.

3. See taking loan will increase your liabilities and she can file case even if bank loan is there, see today the property is validly registered in your name you are owner you can sell same take loan for securing under the act keep evidences that you have taken good care of her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you dont need any one permission you are the

perfect owner of said property.

2) she cannot file any fir or recovery suit against

you .

3) yes you can apply for bank loan also.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Money will be refunded to buyer.

No way out to prohibit her - for not filling case.

At present you are actual owner of property and you can buy it or avail loan on it.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You are absolute owner of the property acquired under gift deed. You can enjoy it as you can. The law on gift deed is as follows.

===================================================================================

Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir a partition deed (FAMILY PARTITION DEED) can be prepared and the land accordingly can be distributed and demarcated by boundaries. further the condition of the 8 Lakh can be put in deed for granny.

Further more the deed should be registered with sub-registrar office and properly stamped.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Deed of family settlement should be executed by granny for 8 acres of lnd standing in her name

2) it should be mentioned that it of love and affection she is transferring 8 acres of land in her children name . 2 daughters , 2 sons would be absolute owners of 2 acres of land

3)that children would place sum of Rs 8 lakhs on fixed deposit for granny

3) deed of settlement should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

After her death all child will inherit the land by equal proportion.

Either she execute the settlement deed in their favor or a WILL (effective after death),

In settlement deed it will be mention that they are depositing/giving 8 lacs rs in lieu of settlement and 8 acre land will be settle in tXYZ proportion between children.

2 acres already gifted to you which is under your sole ownership and children have no say in that land.

After her death if any amount left in the account unused, same shall be withdrawn by ..........

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is not known that how and by what mode did your grandmother transfer the two acres of land to you?

If it was by a registered gift deed, then it cannot be revoked.

But if it was by a registered settlement deed, she may again approach court citing that you have failed to comply with the oral condition of taking care of her hence the property to be retrieved and handed over back to her.

The senior citizens welfare act will protect her as a shield, hence you got to be careful about it.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1. It becomes your duty to protect the interests of the buyer which can be seen from the recitals of the registered sale deed itself.

2. In general, the registered gift deed cannot be revoked for any reason, hence you may fight it out on merits if at all there is any case coming up in future.

3.You can try that option to safeguard your interests in the property.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Now please suggest how to prepare the document so that no children and granny can file a case in future against me or each other. Intention is to solve the problem at one shot without any further future problems.

I was planning to specify everything (land survey number) in one document (registration paper) and also to specify my name n my land survey number in there papers which portrays that there is no objection from granny n children in giving land to me.

If everyone are coming for a compromise situation, you may get a deed drafted with the help of a local advocate to the effect that your interest are not hampered.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

you should file detailed reply mention that you have taken care of your granny for all these years

2) you are willing to pay her monthly maintenance of Rs 10000 per month

3) gift deed was executed out of love and affection by granny and not under coercion

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

"she gave 2 acre of land to me " ?????? - Was GIFT deed executed with the condition to maintain her ?

"filed a case against her last son under senior citizen act 2007 in ac court and got all her property back ". -- This will be your best defense. Offer in court that you are still willing to maintain her.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir you have to contest the case of the granny since her children are there primary responsibility to take her care is there's and further then also you have taken care don't worry engage the advocate to represent case before the tribunal/collector there wont be any adverse order,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In the given situation your case is very weak and you may not be able to put strong fight against such an undesirable event.

Hence if you still want to have some truce better talk to her and try to solve the issue outside court, if not then you have to challenge her case before the Tribunal.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Under senior citizen act the application is filed with the triabunal or at constituted auutroity state wise as District magistrate.

There is no concept of foster son and it's rights and Liability in India.

You have to reply to her application stating that you have been taking care of her as mother and she under due influence of her children who destered her is filing case against you

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

She can file suit to set aside gift deed

2) the issue would be what was she doing for 6 years since gift deed was executed in your favour in 2012

3) If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance.

4) since you do not fall within definition of relative granny has to file suit to set aside gift deed

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Any case filed by her at this belated stage is not maintainable because it is barred by limitation.

Moreover she is doing it at the behest of someone else in the background hence she may jot be able to maintain the same lie before the court always.

You need not worry except you challenge the case properly on the basis of merits and documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Suit will file before SDM.

Act applies to all, not only relatives.

Cheated in what sense ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes it has to be filed in the civil court.

If you have a document showing that you are the foster son then you do not have to worry about the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

DC order is final. Gift deed to so S is invalid. Till stay order, no transfer in their name but no stay agasint you. 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Khata would not be transferred in your name if there is stay order 

 

2) only on disposal of pending cases would Khata be transferred in your name 

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. See since there is stay on the order the tehsil office may refuse to transfer khata from granny's name.

2. See stay order has to be perused for the proper advice in the case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can apply for the same on the basis of orders of DC, or else you can approach civil court with  suit for direction.

2. The stay order is in your favor hence you may not worry.

3. You can keep a vigil over the developments and fight against the injustice properly.

4. You fight it out if at all they are attempting to do that.

 

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

She can only file a case if she is legal heir and share in the property otherwise even if he files it will not be maintainable

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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